BILL NUMBER: SB 2011	CHAPTERED  09/30/00

	CHAPTER   1004
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   JUNE 29, 2000
	AMENDED IN ASSEMBLY   JUNE 7, 2000
	AMENDED IN SENATE   APRIL 10, 2000

INTRODUCED BY   Senator Escutia

                        FEBRUARY 25, 2000

   An act to amend Section 11010.05 of the Business and Professions
Code, and to amend Sections 51.2, 51.3, 51.4, 51.11, and 51.12 of the
Civil Code, relating to senior housing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2011, Escutia.  Senior housing.
   The Unruh Civil Rights Act prohibits business establishments from
discriminating on the basis of sex, color, race, religion, ancestry,
national origin, or disability, or in the sale or rental of housing
based on age.  The act makes an exception for housing designed to
meet the needs of senior citizens, as specified, and defines, for
purposes of these provisions, for all counties other than Riverside
County, a senior citizen housing development as a residential
development, substantially rehabilitated, or substantially renovated
for senior citizens consisting of (a) at least 70 dwelling units
built before January 1, 1996, or 150 dwelling units built on or after
January 1, 1996, in a metropolitan statistical area with a
population of at least 100 dwelling units in a metropolitan
statistical area with a population of at least 1,000 residents per
square mile or 1,000,000 total residents, (b) at least 100 dwelling
units in a metropolitan statistical area with a population not to
exceed 999 residents per square mile and not to exceed 399,999 total
residents, or (c) at least 35 dwelling units.  The act, with respect
to Riverside County, defines a senior citizen housing development to
mean a residential development developed with more than 20 units as a
senior community by its developer, zoned as a senior community by
local governmental entities, or characterized or qualified as a
senior community, as specified.
   This bill would revise the definition of senior citizen housing
development for all counties except the County of Riverside to mean a
residential development that has at least 35 dwelling units.  The
bill would revise the definition of senior citizen housing
development for the County of Riverside to mean a residential
development developed with more than 20 units as a senior community
by its developer and zoned as a senior community by local
governmental entities, or characterized or qualified as a senior
community, as specified.
   The bill would also require on July 1, 2001, that a person who
proposes to create a senior citizen housing development include in a
required application for a public report in connection with the
offering for sale or lease of subdivided lands a statement of the
restrictions on occupancy that would be applicable in the
development.  The bill would make conforming changes.
   The bill would also incorporate further changes to Sections 51.3,
51.4, and 51.11 of the Civil Code proposed by SB 1382, contingent
upon its prior enactment.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11010.05 of the Business and Professions Code
is amended to read:
   11010.05.  A person who proposes to create a senior citizen
housing development, as defined in Section 51.3 or 51.11 of the Civil
Code, shall include in the application for a public report a
complete statement of the restrictions on occupancy that are to be
applicable in the development.  Any public report issued for a senior
housing development shall also include a complete statement of the
restrictions on occupancy to be applicable in the development.  This
section shall become operative on July 1, 2001, and shall apply to
all applications for a public report for a senior housing development
submitted to the department on or after July 1, 2001.
  SEC. 2.  Section 51.2 of the Civil Code is amended to read:
   51.2.  (a) Section 51 shall be construed to prohibit a business
establishment from discriminating in the sale or rental of housing
based upon age.  Where accommodations are designed to meet the
physical and social needs of senior citizens, a business
establishment may establish and preserve that housing for senior
citizens, pursuant to Section 51.3, except housing as to which
Section 51.3 is preempted by the prohibition in the federal Fair
Housing Amendments Act of 1988 (P.L. 100-430) and implementing
regulations against discrimination on the basis of familial status.
For accommodations constructed before February 8, 1982, that meet all
the criteria for senior citizen housing specified in Section 51.3, a
business establishment may establish and preserve that housing
development for senior citizens without the housing development being
designed to meet physical and social needs of senior citizens.
   (b) This section is intended to clarify the holdings in Marina
Point, Ltd. v. Wolfson (1982) 30 Cal. 3d 72 and O'Connor v. Village
Green Owners Association (1983) 33 Cal. 3d 790.
   (c) This section shall not apply to the County of Riverside.
   (d) A housing development for senior citizens constructed on or
after January 1, 2001, shall be presumed to be designed to meet the
physical and social needs of senior citizens if it includes all of
the following elements:
   (1) Entryways, walkways, and hallways in the common areas of the
development, and doorways and paths of access to and within the
housing units, shall be as wide as required by current laws
applicable to new multifamily housing construction for provision of
access to persons using a standard-width wheelchair.
   (2) Walkways and hallways in the common areas of the development
shall be equipped with standard height railings or grab bars to
assist persons who have difficulty with walking.
   (3) Walkways and hallways in the common areas shall have lighting
conditions which are of sufficient brightness to assist persons who
have difficulty seeing.
   (4) Access to all common areas and housing units within the
development shall be provided without use of stairs, either by means
of an elevator or sloped walking ramps.
   (5) The development shall be designed to encourage social contact
by providing at least one common room and at least some common open
space.
   (6) Refuse collection shall be provided in a manner that requires
a minimum of physical exertion by residents.
   (7) The development shall comply with all other applicable
requirements for access and design imposed by law, including, but not
limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the
Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and
the regulations promulgated at Title 24 of the California Code of
Regulations which relate to access for persons with disabilities or
handicaps.  Nothing in this section shall be construed to limit or
reduce any right or obligation applicable under those laws.
   In addition, developers of senior citizen housing developments
constructed on or after January 1, 2001 are encouraged, but not
required, to implement in their construction the principles of
Universal Design as promulgated by the Center for Universal Design at
the North Carolina State University, or any other design guidelines
for home modifications for seniors which may be promulgated in the
future by the Department of Aging.
  SEC. 3.  Section 51.3 of the Civil Code is amended to read:
   51.3.  (a) The Legislature finds and declares that this section is
essential to establish and preserve specially designed accessible
housing for senior citizens.  There are senior citizens who need
special living environments and services, and find that there is an
inadequate supply of this type of housing in the state.
   (b) For the purposes of this section, the following definitions
apply:
   (1) "Qualifying resident" or "senior citizen" means a person 62
years of age or older, or 55 years of age or older in a senior
citizen housing development.
   (2) "Qualified permanent resident" means a person who meets both
of the following requirements:
   (A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or
senior citizen.
   (B) Was 45 years of age or older, or was a spouse, cohabitant, or
person providing primary physical or economic support to the
qualifying resident or senior citizen.
   (3) "Qualified permanent resident" also means a disabled person or
person with a disabling illness or injury who is a child or
grandchild of the senior citizen or a qualified permanent resident as
defined in paragraph (2) who needs to live with the senior citizen
or qualified permanent resident because of the disabling condition,
illness, or injury.  For purposes of this section, "disabled" means a
person who has a disability as defined in subdivision (b) of Section
54.  A "disabling injury or illness" means an illness or injury
which results in a condition meeting the definition of disability set
forth in subdivision (b) of Section 54.
   (A) For any person who is a qualified permanent resident under
this paragraph whose disabling condition ends, the owner, board of
directors, or other governing body may require the formerly disabled
resident to cease residing in the development upon receipt of six
months' written notice; provided, however, that the owner, board of
directors, or other governing body may allow the person to remain a
resident for up to one year after the disabling condition ends.
   (B) The owner, board of directors, or other governing body of the
senior citizen housing development may take action to prohibit or
terminate occupancy by a person who is a qualified permanent resident
under this paragraph if the owner, board of directors, or other
governing body finds, based on credible and objective evidence, that
the person is likely to pose a significant threat to the health or
safety of others that cannot be ameliorated by means of a reasonable
accommodation; provided, however, that the action to prohibit or
terminate the occupancy may be taken only after doing both of the
following:
   (i) Providing reasonable notice to and an opportunity to be heard
for the disabled person whose occupancy is being challenged, and
reasonable notice to the coresident parent or grandparent of that
person.
   (ii) Giving due consideration to the relevant, credible, and
objective information provided in the hearing.  The evidence shall be
taken and held in a confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body in
order to preserve the privacy of the affected persons.
   The affected persons shall be entitled to have present at the
hearing an attorney or any other person authorized by them to speak
on their behalf or to assist them in the matter.
   (4) "Senior citizen housing development" means a residential
development developed, substantially rehabilitated, or substantially
renovated for, senior citizens that has at least 35 dwelling units.
Any senior citizen housing development which is required to obtain a
public report under Section 11010 of the Business and Professions
Code and which submits its application for a public report after July
1, 2001, shall be required to have been issued a public report as a
senior citizen housing development under Section 11010.05 of the
Business and Professions Code.  No housing development constructed
prior to January 1, 1985, shall fail to qualify as a senior citizen
housing development because it was not originally developed or put to
use for occupancy by senior citizens.
   (5) "Dwelling unit" or "housing" means any residential
accommodation other than a mobilehome.
   (6) "Cohabitant" refers to persons who live together as husband
and wife, or persons who are domestic partners within the meaning of
Section 297 of the Family Code.
   (7) "Permitted health care resident" means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing
that care.  For the purposes of this section, the care provided by a
permitted health care resident must be substantial in nature and must
provide either assistance with necessary daily activities or medical
treatment, or both.
   A permitted health care resident shall be entitled to continue his
or her occupancy, residency, or use of the dwelling unit as a
permitted resident in the absence of the senior citizen from the
dwelling unit only if both of the following are applicable:
   (A) The senior citizen became absent from the dwelling due to
hospitalization or other necessary medical treatment and expects to
return to his or her residence within 90 days from the date the
absence began.
   (B) The absent senior citizen or an authorized person acting for
the senior citizen submits a written request to the owner, board of
directors, or governing board stating that the senior citizen desires
that the permitted health care resident be allowed to remain in
order to be present when the senior citizen returns to reside in the
development.
   Upon written request by the senior citizen or an authorized person
acting for the senior citizen, the owner, board of directors, or
governing board shall have the discretion to allow a permitted health
care resident to remain for a time period longer than 90 days from
the date that the senior citizen's absence began, if it appears that
the senior citizen will return within a period of time not to exceed
an additional 90 days.
   (c) The covenants, conditions, and restrictions and other
documents or written policy shall set forth the limitations on
occupancy, residency, or use on the basis of age.  Any such
limitation shall not be more exclusive than to require that one
person in residence in each dwelling unit may be required to be a
senior citizen and that each other resident in the same dwelling unit
may be required to be a qualified permanent resident, a permitted
health care resident, or a person under 55 years of age whose
occupancy is permitted under subdivision (h) of this section or under
subdivision (b) of Section 51.4.  That limitation may be less
exclusive, but shall at least require that the persons commencing any
occupancy of a dwelling unit include a senior citizen who intends to
reside in the unit as his or her primary residence on a permanent
basis.  The application of the rules set forth in this subdivision
regarding limitations on occupancy may result in less than all of the
dwellings being actually occupied by a senior citizen.
   (d) The covenants, conditions, and restrictions or other documents
or written policy shall permit temporary residency, as a guest of a
senior citizen or qualified permanent resident, by a person of less
than 55 years of age for periods of time, not less than 60 days in
any year, that are specified in the covenants, conditions, and
restrictions or other documents or written policy.
   (e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident.  This subdivision shall not apply to a
permitted health care resident.
   (f) The condominium, stock cooperative, limited-equity housing
cooperative, planned development, or multiple-family residential
rental property shall have been developed for, and initially been put
to use as, housing for senior citizens, or shall have been
substantially rehabilitated or renovated for, and immediately
afterward put to use as, housing for senior citizens, as provided in
this section; provided, however, that no housing development
constructed prior to January 1, 1985, shall fail to qualify as a
senior citizen housing development because it was not originally
developed for or originally put to use for occupancy by senior
citizens.
   (g) The covenants, conditions, and restrictions or other documents
or written policies applicable to any condominium, stock
cooperative, limited-equity housing cooperative, planned development,
or multiple-family residential property that contained age
restrictions on January 1, 1984, shall be enforceable only to the
extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.
   (h) Any person who has the right to reside in, occupy, or use the
housing or an unimproved lot subject to this section on January 1,
1985, shall not be deprived of the right to continue that residency,
occupancy, or use as the result of the enactment of this section.
   (i) The covenants, conditions, and restrictions or other documents
or written policy of the senior citizen housing development shall
permit the occupancy of a dwelling unit by a permitted health care
resident during any period that the person is actually providing
live-in, long-term, or hospice health care to a qualifying resident
for compensation.  For purposes of this subdivision, the term "for
compensation" shall include provisions of lodging and food in
exchange for care.
   (j) Notwithstanding any other provision of this section, this
section shall not apply to the County of Riverside.
  SEC. 3.5.  Section 51.3 of the Civil Code is amended to read:
   51.3.  (a) The Legislature finds and declares that this section is
essential to establish and preserve specially designed accessible
housing for senior citizens.  There are senior citizens who need
special living environments and services, and find that there is an
inadequate supply of this type of housing in the state.
   (b) For the purposes of this section, the following definitions
apply:
   (1) "Qualifying resident" or "senior citizen" means a person 62
years of age or older, or 55 years of age or older in a senior
citizen housing development.
   (2) "Qualified permanent resident" means a person who meets both
of the following requirements:
   (A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or
senior citizen.
   (B) Was 45 years of age or older, or was a spouse, cohabitant, or
person providing primary physical or economic support to the
qualifying resident or senior citizen.
   (3) "Qualified permanent resident" also means a disabled person or
person with a disabling illness or injury who is a child or
grandchild of the senior citizen or a qualified permanent resident as
defined in paragraph (2) who needs to live with the senior citizen
or qualified permanent resident because of the disabling condition,
illness, or injury.  For purposes of this section, "disabled" means a
person who has a disability as defined in subdivision (b) of Section
54.  A "disabling injury or illness" means an illness or injury
which results in a condition meeting the definition of disability set
forth in subdivision (b) of Section 54.
   (A) For any person who is a qualified permanent resident under
this paragraph whose disabling condition ends, the owner, board of
directors, or other governing body may require the formerly disabled
resident to cease residing in the development upon receipt of six
months' written notice; provided however, that the owner, board of
directors, or other governing body may allow the person to remain a
resident for up to one year after the disabling condition ends.
   (B) The owner, board of directors, or other governing body of the
senior citizen housing development may take action to prohibit or
terminate occupancy by a person who is a qualified permanent resident
under this paragraph if the owner, board of directors, or other
governing body finds, based on credible and objective evidence, that
the person is likely to pose a significant threat to the health or
safety of others that cannot be ameliorated by means of a reasonable
accommodation; provided, however, that the action to prohibit or
terminate the occupancy may be taken only after doing both of the
following:
   (i) Providing reasonable notice to and an opportunity to be heard
for the disabled person whose occupancy is being challenged, and
reasonable notice to the coresident parent or grandparent of that
person.
   (ii) Giving due consideration to the relevant, credible, and
objective information provided in the hearing.  The evidence shall be
taken and held in a confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body in
order to preserve the privacy of the affected persons.
   The affected persons shall be entitled to have present at the
hearing an attorney or any other person authorized by them to speak
on their behalf or to assist them in the matter.
   (4) "Senior citizen housing development" means a residential
development developed, substantially rehabilitated, or substantially
renovated for, senior citizens that has at least 35 dwelling units.
Any senior citizen housing development which is required to obtain a
public report under Section 11010 of the Business and Professions
Code and which submits its application for a public report after July
1, 2001 shall be required to have been issued a public report as a
senior citizen housing development under Section 11010.05 of the
Business and Professions Code.  No housing development constructed
prior to January 1, 1985, shall fail to qualify because it was not
originally developed or put to use for occupancy by senior citizens.

   In order for the development to qualify as a "senior citizen
housing development," at least 80 percent of its occupied units must
be occupied by at least one person who is 55 years of age or older.
A "senior citizen housing development" satisfies the requirements of
this section even though:
   (A) On September 13, 1988, under 80 percent of the occupied units
in the housing development were occupied by at least one person 55
years of age or older, provided that at least 80 percent of the
dwelling units occupied by new occupants after September 13, 1988,
were occupied by at least one person 55 years of age or older.
   (B) There are unoccupied units, provided that at least 80 percent
of the occupied units are occupied by at least one person 55 years of
age or older.
   (5) "Dwelling unit" or "housing" means any residential
accommodation other than a mobilehome.
   (6) "Cohabitant" refers to persons who live together as husband
and wife, or persons who are domestic partners within the meaning of
Section 297 of the Family Code.
   (7) "Permitted health care resident" means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident or a family member of the qualifying resident providing that
care.  For the purposes of this section, the care provided by a
permitted health care resident must be substantial in nature and must
provide either assistance with necessary daily living activities or
medical treatment, or both.
   A permitted health care resident shall be entitled to continue his
or her occupancy, residency, or use of the dwelling unit as a
permitted resident in the absence of the senior citizen from the
dwelling unit, only if both of the following are applicable:
   (A) The senior citizen became absent from the dwelling due to
hospitalization or other necessary medical treatment and expects to
return to his or her residence within 90 days from the date the
absence began.
   (B) The absent senior citizen or an authorized person acting for
the senior citizen submits a written request to the owner, board of
directors, or governing board stating that the senior citizen desires
that the permitted health care resident be allowed to remain in
order to be present when the senior citizen returns to reside in the
development.
   Upon written request by the senior citizen or an authorized person
acting for the senior citizen, the owner, board of directors, or
governing board shall have the discretion to allow a permitted health
care resident to remain for a time period longer than 90 days from
the date that the senior citizen's absence began, if it appears that
the senior citizen will return within a period of time not to exceed
an additional 90 days.
   (c) The covenants, conditions, and restrictions or other documents
or written policy shall set forth the limitations on occupancy,
residency, or use on the basis of age.  Any such limitation shall not
be more exclusive than to require that one person in residence in
each dwelling unit may be required to be a senior citizen and that
each other resident in the same dwelling unit may be required to be a
qualified permanent resident, a permitted health care resident, or a
person under 55 years of age whose occupancy is permitted under
subdivision (h) of this section or under subdivision (b) of Section
51.4.  That limitation may be less exclusive, but shall at least
require that the persons commencing any occupancy of a dwelling unit
include a senior who intends to reside in the unit as his or her
primary residence on a permanent basis.  The application of the rules
set forth in this subdivision regarding limitations on occupancy may
result in less than all of the dwellings being actually occupied by
a senior citizen.
   (d) The covenants, conditions, and restrictions or other documents
or written policy shall permit temporary residency, as a guest of a
senior citizen or qualified permanent resident, by a person of less
than 55 years of age for periods of time, not less than 60 days in
any year, that are specified in the covenants, conditions, and
restrictions or other documents or written policy.
   (e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident.  This subdivision shall not apply to a
permitted health care resident.
   (f) The condominium, stock cooperative, limited-equity housing
cooperative, planned development, or multiple-family residential
rental property shall have been developed for, and initially been put
to use as, housing for senior citizens, or shall have been
substantially rehabilitated or renovated for, and immediately
afterward put to use as, housing for senior citizens, as provided in
this section; provided, however, that no housing development
constructed prior to January 1, 1985, shall fail to qualify as a
senior citizen housing development because it was not originally
developed for or originally put to use for occupancy by senior
citizens.
   (g) The covenants, conditions, and restrictions or other documents
or written policies applicable to any condominium, stock
cooperative, limited-equity housing cooperative, planned development,
or multiple-family residential property that contained age
restrictions on January 1, 1984, shall be enforceable only to the
extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.
   (h) Any person who has the right to reside in, occupy, or use the
housing or an unimproved lot subject to this section on January 1,
1985, shall not be deprived of the right to continue that residency,
occupancy, or use as the result of the enactment of this section.
   (i) The covenants, conditions, and restrictions or other documents
or written policy of the senior citizen housing development shall
permit the occupancy of a dwelling unit by a permitted health care
resident during any period that the person is actually providing
live-in, long-term, or hospice health care to a qualifying resident
for compensation.  For purposes of this subdivision, the term "for
compensation" shall include provisions of lodging and food in
exchange for care.
   (j) Any person who is a real estate broker or salesperson, or any
individual homeowner in a senior citizen housing development which is
comprised of dwelling units available for separate ownership, shall
not be held personally liable for monetary damages for discrimination
on the basis of age or familial status with regard to any housing
development claiming to meet the requirements applicable to senior
citizen housing developments if all of the following requirements are
met:
   (1) The person acted with the good faith belief that the housing
development complies with the requirements applicable to a senior
citizen housing development.
   (2) The person acted in reliance on, and with actual knowledge of,
a written assertion by the housing development, through its
authorized representatives, that the development complies with the
requirements applicable to a senior citizen housing development.
   (3) Before the date on which the discrimination is alleged to have
occurred, the development, through its authorized representatives,
has certified, in writing and under oath or affirmation, to the
person claiming the defense under this subdivision, that the
development complies with the requirements applicable to senior
citizen housing developments.
   (4) The person claiming the defense under this subdivision has no
actual knowledge that the development does not comply with the
requirements applicable to senior citizen housing developments.
   For the purpose of this subdivision, an authorized representative
of a development means the individual, committee, management company,
owner, or other entity having responsibility for compliance with the
requirements applicable to senior citizen housing developments.
   The defense under this subdivision is available only to natural
persons, and shall not apply to any corporate entity, including,
without limitation, an "association."  For the purpose of this
                                      subdivision, the term
"association" shall mean the governing entity of the senior citizen
housing development.  To the extent that monetary liability of an
association is paid from assessments on members, the defense set
forth in this subdivision shall not be available to any member to bar
collection of any such assessment from any member.
   No individual volunteer director or officer of an association of a
development which claims to be a senior citizen housing development
shall be personally liable for monetary damages for discrimination on
the basis of age or familial status if the officer or director's
conduct meets all of the following:
   (A) The duties are performed in good faith.
   (B) The duties are performed in a manner the director or officer
believes to be in the best interests of the corporation.
   (C) The duties are performed with such care, including reasonable
inquiry, as an ordinarily prudent person in a like position would use
under similar circumstances.
   "Volunteer" means the rendering of services without compensation.
"Compensation" means remuneration whether by way of salary, fee, or
other consideration for services rendered.  However, the payment of
per diem, mileage, or other reimbursement expenses to a director or
executive officer does not affect that person's status as a volunteer
within the meaning of this section.
   (k) The Fair Employment and Housing Commission shall adopt
regulations that will permit a senior citizen housing development to
apply for and obtain a certification by the Department of Fair
Employment and Housing that, based on appropriate evidence, the
senior citizen housing development complies with the requirements of
this part and with the requirements of the federal Fair Housing Act
applicable to "housing for older persons" as defined by 42 U.S.C.
Section 3607 (b)(2)(C).  Certification shall have the effect of a
rebuttable presumption, as defined in Section 604 of the Evidence
Code, that the development complies with the requirements of this
part.  The Department of Fair Employment and Housing may impose a
reasonable application fee not to exceed two hundred fifty dollars
($250) upon applicants seeking this certification.
   (l) Notwithstanding any other provision of this section, this
section shall not apply to the County of Riverside.
  SEC. 4.  Section 51.4 of the Civil Code is amended to read:
   51.4.  (a) The Legislature finds and declares that the
requirements for senior housing under Sections 51.2 and 51.3 are more
stringent than the requirements for that housing under the federal
Fair Housing Amendments Act of 1988 (Public Law 100-430) in
recognition of the acute shortage of housing for families with
children in California.  The Legislature further finds and declares
that the special design requirements for senior housing under
Sections 51.2 and 51.3 may pose a hardship to some housing
developments which were constructed before the decision in Marina
Point Ltd. v. Wolfson (1982), 30 Cal. 3d 72.  The Legislature further
finds and declares that the requirement for specially designed
accommodations in senior housing under Sections 51.2 and 51.3
provides important benefits to senior citizens and also ensures that
housing exempt from the prohibition of age discrimination is
carefully tailored to meet the compelling societal interest in
providing senior housing.
   (b) Any person who resided in, occupied, or used, prior to January
1, 1990, a dwelling in a senior citizen housing development which
relied on the exemption to the special design requirement provided by
this section prior to January 1, 2001, shall not be deprived of the
right to continue that residency, occupancy, or use as the result of
the changes made to this section by the enactment of Senate Bill 1382
or Senate Bill 2011 at the 1999-2000 Regular Session of the
Legislature.
   (c) This section shall not apply to the County of Riverside.
  SEC. 4.5.  Section 51.4 of the Civil Code is amended to read:
   51.4.  (a) The Legislature finds and declares that the
requirements for senior housing under Sections 51.2 and 51.3 are more
stringent than the requirements for that housing under the federal
Fair Housing Amendments Act of 1988 (Public Law 100-430) in
recognition of the acute shortage of housing for families with
children in California.  The Legislature further finds and declares
that the special design requirements for senior housing under
Sections 51.2 and 51.3 may pose a hardship to some housing
developments which were constructed before the decision in Marina
Point Ltd. v. Wolfson (1982), 30 Cal. 3d 72.  The Legislature further
finds and declares that the requirement for specially designed
accommodations in senior housing under Sections 51.2 and 51.3
provides important benefits to senior citizens and also ensures that
housing exempt from the prohibition of age discrimination is
carefully tailored to meet the compelling societal interest in
providing senior housing.
   (b) Any person who resided in, occupied, or used, prior to January
1, 1990, a dwelling in a senior citizen housing development which
relied on the exemption to the special design requirement provided by
this section prior to January 1, 2001, shall not be deprived of the
right to continue that residency, occupancy, or use as the result of
the changes made to this section by the enactment of Senate Bill 1382
or Senate Bill 2011 at the 1999-2000 Regular Session of the
Legislature.
   (c) This section shall not apply to the County of Riverside.
  SEC. 5.  Section 51.11 of the Civil Code is amended to read:
   51.11.  (a) The Legislature finds and declares that this section
is essential to establish and preserve housing for senior citizens.
There are senior citizens who need special living environments, and
find that there is an inadequate supply of this type of housing in
the state.
   (b) For the purposes of this section, the following definitions
apply:
   (1) "Qualifying resident" or "senior citizen" means a person 62
years of age or older, or 55 years of age or older in a senior
citizen housing development.
   (2) "Qualified permanent resident" means a person who meets both
of the following requirements:
   (A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or
senior citizen.
   (B) Was 45 years of age or older, or was a spouse, cohabitant, or
person providing primary physical or economic support to the
qualifying resident or senior citizen.
   (3) "Qualified permanent resident" also means a disabled person or
person with a disabling illness or injury who is a child or
grandchild of the senior citizen or a qualified permanent resident as
defined in paragraph (2) who needs to live with the senior citizen
or qualified permanent resident because of the disabling condition,
illness, or injury.  For purposes of this section, "disabled" means a
person who has a disability as defined in subdivision (b) of Section
54.  A "disabling injury or illness" means an illness or injury
which results in a condition meeting the definition of disability set
forth in subdivision (b) of Section 54.
   (A) For any person who is a qualified permanent resident under
paragraph (3) whose disabling condition ends, the owner, board of
directors, or other governing body may require the formerly disabled
resident to cease residing in the development upon receipt of six
months' written notice; provided, however, that the owner, board of
directors, or other governing body may allow the person to remain a
resident for up to one year, after the disabling condition ends.
   (B) The owner, board of directors, or other governing body of the
senior citizen housing development may take action to prohibit or
terminate occupancy by a person who is a qualified permanent resident
under paragraph (3) if the owner, board of directors, or other
governing body finds, based on credible and objective evidence, that
the person is likely to pose a significant threat to the health or
safety of others that cannot be ameliorated by means of a reasonable
accommodation; provided, however, that action to prohibit or
terminate the occupancy may be taken only after doing both of the
following:
   (i) Providing reasonable notice to and an opportunity to be heard
for the disabled person whose occupancy is being challenged, and
reasonable notice to the coresident parent or grandparent of that
person.
   (ii) Giving due consideration to the relevant, credible, and
objective information provided in that hearing.  The evidence shall
be taken and held in a confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body in
order to preserve the privacy of the affected persons.
   The affected persons shall be entitled to have present at the
hearing an attorney or any other person authorized by them to speak
on their behalf or to assist them in the matter.
   (4) "Senior citizen housing development" means a residential
development developed with more than 20 units as a senior community
by its developer  and zoned as a senior community by a local
governmental entity, or characterized as a senior community in its
governing documents, as these are defined in Section 1351, or
qualified as a senior community under the federal Fair Housing
Amendments Act of 1988, as amended.  Any senior citizen housing
development which is required to obtain a public report under Section
11010 of the Business and Professions Code and which submits its
application for a public report after July 1, 2001, shall be required
to have been issued a public report as a senior citizen housing
development under Section 11010.05 of the Business and Professions
Code.
   (5) "Dwelling unit" or "housing" means any residential
accommodation other than a mobilehome.
   (6) "Cohabitant" refers to persons who live together as husband
and wife, or persons who are domestic partners within the meaning of
Section 297 of the Family Code.
   (7) "Permitted health care resident" means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing
that care.  For the purposes of this section, the care provided by a
permitted health care resident must be substantial in nature and must
provide either assistance with necessary daily activities or medical
treatment, or both.
   A permitted health care resident shall be entitled to continue his
or her occupancy, residency, or use of the dwelling unit as a
permitted resident in the absence of the senior citizen from the
dwelling unit only if both of the following are applicable:
   (A) The senior citizen became absent from the dwelling due to
hospitalization or other necessary medical treatment and expects to
return to his or her residence within 90 days from the date the
absence began.
   (B) The absent senior citizen or an authorized person acting for
the senior citizen submits a written request to the owner, board of
directors, or governing board stating that the senior citizen desires
that the permitted health care resident be allowed to remain in
order to be present when the senior citizen returns to reside in the
development.
   Upon written request by the senior citizen or an authorized person
acting for the senior citizen, the owner, board of directors, or
governing board shall have the discretion to allow a permitted health
care resident to remain for a time period longer than 90 days from
the date that the senior citizen's absence began, if it appears that
the senior citizen will return within a period of time not to exceed
an additional 90 days.
   (c) The covenants, conditions, and restrictions and other
documents or written policy shall set forth the limitations on
occupancy, residency, or use on the basis of age.  Any such
limitation shall not be more exclusive than to require that one
person in residence in each dwelling unit may be required to be a
senior citizen and that each other resident in the same dwelling unit
may be required to be a qualified permanent resident, a permitted
health care resident, or a person under 55 years of age whose
occupancy is permitted under subdivision (g) of this section or
subdivision (b) of Section 51.12.  That limitation may be less
exclusive, but shall at least require that the persons commencing any
occupancy of a dwelling unit include a senior citizen who intends to
reside in the unit as his or her primary residence on a permanent
basis.  The application of the rules set forth in this subdivision
regarding limitations on occupancy may result in less than all of the
dwellings being actually occupied by a senior citizen.
   (d) The covenants, conditions, and restrictions or other documents
or written policy shall permit temporary residency, as a guest of a
senior citizen or qualified permanent resident, by a person of less
than 55 years of age for periods of time, not more than 60 days in
any year, that are specified in the covenants, conditions, and
restrictions or other documents or written policy.
   (e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident.  This subdivision shall not apply to a
permitted health care resident.
   (f) The covenants, conditions, and restrictions or other documents
or written policies applicable to any condominium, stock
cooperative, limited-equity housing cooperative, planned development,
or multiple-family residential property that contained age
restrictions on January 1, 1984, shall be enforceable only to the
extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.
   (g) Any person who has the right to reside in, occupy, or use the
housing or an unimproved lot subject to this section on or after
January 1, 1985, shall not be deprived of the right to continue that
residency, occupancy, or use as the result of the enactment of this
section by Chapter 1147 of the Statutes of 1996.
   (h) A housing development may qualify as a senior citizen housing
development under this section even though, as of January 1, 1997, it
does not meet the definition of a senior citizen housing development
specified in subdivision (b), if the development complies with that
definition for every unit that becomes occupied after January 1,
1997, and if the development was once within that definition, and
then became noncompliant with the definition as the result of any one
of the following:
   (1) The development was ordered by a court or a local, state, or
federal enforcement agency to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development.
   (2) The development received a notice of a pending or proposed
action in, or by, a court, or a local, state, or federal enforcement
agency, which action could have resulted in the development being
ordered by a court or a state or federal enforcement agency to allow
persons other than qualifying residents, qualified permanent
residents, or permitted health care residents to reside in the
development.
   (3) The development agreed to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development by entering into a
stipulation, conciliation agreement, or settlement agreement with a
local, state, or federal enforcement agency or with a private party
who had filed, or indicated an intent to file, a complaint against
the development with a local, state, or federal enforcement agency,
or file an action in a court.
   (4) The development allowed persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development on the advice of counsel in
order to prevent the possibility of an action being filed by a
private party or by a local, state, or federal enforcement agency.
   (i) The covenants, conditions, and restrictions or other documents
or written policy of the senior citizen housing development shall
permit the occupancy of a dwelling unit by a permitted health care
resident during any period that the person is actually providing
live-in, long-term, or hospice health care to a qualifying resident
for compensation.
   (j) This section shall only apply to the County of Riverside.
  SEC. 5.5.  Section 51.11 of the Civil Code is amended to read:
   51.11.  (a) The Legislature finds and declares that this section
is essential to establish and preserve housing for senior citizens.
There are senior citizens who need special living environments, and
find that there is an inadequate supply of this type of housing in
the state.
   (b) For the purposes of this section, the following definitions
apply:
   (1) "Qualifying resident" or "senior citizen" means a person 62
years of age or older, or 55 years of age or older in a senior
citizen housing development.
   (2) "Qualified permanent resident" means a person who meets both
of the following requirements:
   (A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or
senior citizen.
   (B) Was 45 years of age or older, or was a spouse, cohabitant, or
person providing primary physical or economic support to the
qualifying resident or senior citizen.
   (3) "Qualified permanent resident" also means a disabled person or
person with a disabling illness or injury who is a child or
grandchild of the senior citizen or a qualified permanent resident as
defined in paragraph (2) who needs to live with the senior citizen
or qualified permanent resident because of the disabling condition,
illness, or injury.  For purposes of this section, "disabled" means a
person who has a disability as defined in subdivision (b) of Section
54.  A "disabling injury or illness" means an illness or injury
which results in a condition meeting the definition of disability set
forth in subdivision (b) of Section 54.
   (A) For any person who is a qualified permanent resident under
paragraph (3) whose disabling condition ends, the owner, board of
directors, or other governing body may require the formerly disabled
resident to cease residing in the development upon receipt of six
months' written notice; provided, however, that the owner, board of
directors, or other governing body may allow the person to remain a
resident for up to one year, after the disabling condition ends.
   (B) The owner, board of directors, or other governing body of the
senior citizen housing development may take action to prohibit or
terminate occupancy by a person who is a qualified permanent resident
under paragraph (3) if the owner, board of directors, or other
governing body finds, based on credible and objective evidence, that
the person is likely to pose a significant threat to the health or
safety of others that cannot be ameliorated by means of a reasonable
accommodation; provided, however, that action to prohibit or
terminate the occupancy may be taken only after doing both of the
following:
   (i) Providing reasonable notice to and an opportunity to be heard
for the disabled person whose occupancy is being challenged, and
reasonable notice to the coresident parent or grandparent of that
person.
   (ii) Giving due consideration to the relevant, credible, and
objective information provided in that hearing.  The evidence shall
be taken and held in a confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body in
order to preserve the privacy of the affected persons.
   The affected persons shall be entitled to have present at the
hearing an attorney or any other person authorized by them to speak
on their behalf or to assist them in the matter.
   (4) "Senior citizen housing development" means a residential
development developed with more than 20 units as a senior community
by its developer and zoned as a senior community by a local
governmental entity, or characterized as a senior community in its
governing documents, as these are defined in Section 1351, or
qualified as a senior community under the federal Fair Housing
Amendments Act of 1988, as amended.  Any senior citizen housing
development which is required to obtain a public report under Section
11010 of the Business and Professions Code and which submits its
application for a public report after July 1, 2001, shall be required
to have been issued a public report as a senior citizen housing
development under Section 11010.05 of the Business and Professions
Code.  No housing development constructed prior to January 1, 1985,
shall fail to qualify as a senior citizen housing development because
it was not originally developed or put to use for occupancy by
senior citizens.
   In order for the development to qualify as a senior citizen
housing development, at least 80 percent of its occupied units must
be occupied by at least one person who is 55 years of age or older.
A senior citizen housing development satisfies the requirements of
this section even though:
   (A) On September 13, 1988, under 80 percent of the occupied units
in the housing development were occupied by at least one person 55
years of age or older, provided that at least 80 percent of the
dwelling units occupied by new occupants after September 13, 1988,
were occupied by at least one person 55 years of age or older.
   (B) There are unoccupied units, provided that at least 80 percent
of the occupied units are occupied by at least one person 55 years of
age or older.
   (5) "Dwelling unit" or "housing" means any residential
accommodation other than a mobilehome.
   (6) "Cohabitant" refers to persons who live together as husband
and wife, or persons who are domestic partners within the meaning of
Section 297 of the Family Code.
   (7) "Permitted health care resident" means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing
that care.  For the purposes of this section, the care provided by a
permitted health care resident must be substantial in nature and must
provide either assistance with necessary daily living activities or
medical treatment, or both.
   A permitted health care resident shall be entitled to continue his
or her occupancy, residency, or use of the dwelling unit as a
permitted resident in the absence of the senior citizen from the
dwelling unit, only if both of the following are applicable:
   (A) The senior citizen became absent from the dwelling due to
hospitalization or other necessary medical treatment and expects to
return to his or her residence within 90 days from the date the
absence began.
   (B) The absent senior citizen or an authorized person acting for
the senior citizen submits a written request to the owner, board of
directors, or governing board stating that the senior citizen desires
that the permitted health care resident be allowed to remain in
order to be present when the senior citizen returns to reside in the
development.
   Upon written request by the senior citizen or an authorized person
acting for the senior citizen, the owner, board of directors, or
governing board shall have the discretion to allow a permitted health
care resident to remain for a time period longer than 90 days from
the date that the senior citizen's absence began, if it appears that
the senior citizen will return within a period of time not to exceed
an additional 90 days.
   (c) The covenants, conditions, and restrictions and other
documents or written policy shall set forth the limitations on
occupancy, residency, or use on the basis of age.  Any such
limitation shall not be more exclusive than to require that one
person in residence in each dwelling unit may be required to be a
senior citizen and that each other resident in the same dwelling unit
may be required to be a qualified permanent resident, a permitted
health care resident, or a person under 55 years of age whose
occupancy is permitted under subdivision (g) of this section or
subdivision (b) of Section 51.12.  That limitation may be less
exclusive, but shall at least require that the persons commencing any
occupancy of a dwelling unit include a senior citizen who intends to
reside in the unit as his or her primary residence on a permanent
basis.  The application of the rules set forth in this subdivision
regarding limitations on occupancy may result in less than all of the
dwellings being actually occupied by a senior citizen.
   (d) The covenants, conditions, and restrictions or other documents
or written policy shall permit temporary residency, as a guest of a
senior citizen or qualified permanent resident, by a person of less
than 55 years of age for periods of time, not more than 60 days in
any year, that are specified in the covenants, conditions, and
restrictions or other documents or written policy.
   (e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident.  This subdivision shall not apply to a
permitted health care resident.
   (f) The covenants, conditions, and restrictions or other documents
or written policies applicable to any condominium, stock
cooperative, limited-equity housing cooperative, planned development,
or multiple-family residential property that contained age
restrictions on January 1, 1984, shall be enforceable only to the
extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.
   (g) Any person who has the right to reside in, occupy, or use the
housing or an unimproved lot subject to this section on or after
January 1, 1985, shall not be deprived of the right to continue that
residency, occupancy, or use as the result of the enactment of this
section by Chapter 1147 of the Statutes of 1996.
   (h) A housing development may qualify as a senior citizen housing
development under this section even though, as of January 1, 1997, it
does not meet the definition of a senior citizen housing development
specified in subdivision (b), if the development complies with that
definition for every unit that becomes occupied after January 1,
1997, and if the development was once within
                     that definition, and then became noncompliant
with the definition as the result of any one of the following:
   (1) The development was ordered by a court or a local, state, or
federal enforcement agency to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development.
   (2) The development received a notice of a pending or proposed
action in, or by, a court, or a local, state, or federal enforcement
agency, which action could have resulted in the development being
ordered by a court or a state or federal enforcement agency to allow
persons other than qualifying residents, qualified permanent
residents, or permitted health care residents to reside in the
development.
   (3) The development agreed to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development by entering into a
stipulation, conciliation agreement, or settlement agreement with a
local, state, or federal enforcement agency or with a private party
who had filed, or indicated an intent to file, a complaint against
the development with a local, state, or federal enforcement agency,
or file an action in a court.
   (4) The development allowed persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development on the advice of counsel in
order to prevent the possibility of an action being filed by a
private party or by a local, state, or federal enforcement agency.
   (i) The covenants, conditions, and restrictions or other documents
or written policy of the senior citizen housing development shall
permit the occupancy of a dwelling unit by a permitted health care
resident during any period that the person is actually providing
live-in, long-term, or hospice health care to a qualifying resident
for compensation.
   (j) Any person who is a real estate broker or salesperson, or any
individual homeowner in a senior citizen housing development which is
comprised of dwelling units available for separate ownership, shall
not be held personally liable for monetary damages for discrimination
on the basis of age or familial status with regard to any housing
development claiming to meet the requirements applicable to senior
citizen housing developments if all of the following requirements are
met:
   (1) The person acted with the good faith belief that the housing
development complies with the requirements applicable to a senior
citizen housing development.
   (2) The person acted in reliance on, and with actual knowledge of,
a written assertion by the housing development, through its
authorized representatives, that the development complies with the
requirements applicable to a senior citizen housing development.
   (3) Before the date on which the discrimination is alleged to have
occurred, the development, through its authorized representatives,
has certified, in writing and under oath or affirmation, to the
person claiming the defense under this subdivision that the
development complies with the requirements applicable to senior
citizen housing developments.
   (4) The person claiming the defense under this subdivision has no
actual knowledge that the development does not comply with the
requirements applicable to senior citizen housing developments.
   For the purpose of this subdivision, an authorized representative
of a development means the individual, committee, management company,
owner, or other entity having responsibility for compliance with the
requirements applicable to senior citizen housing developments.
   The defense under this subdivision is available only to natural
persons and shall not apply to any corporate entity, including,
without limitation, an association.  For the purpose of this
subdivision, the term "association" shall mean the governing entity
of the senior citizen housing development.  To the extent that
monetary liability of an association is paid from assessments on
members, the defense set forth in this subdivision shall not be
available to any member to bar collection of any such assessment from
any member.
   No individual volunteer director or officer of an association of a
development which holds itself out to be a senior citizen housing
development shall be personally liable for monetary damages for
discrimination on the basis of age or familial status if the officer'
s or director's conduct meets all of the following requirements:
   (A) The duties are performed in good faith.
   (B) The duties are performed in a manner the director or officer
believes to be in the best interests of the corporation.
   (C) The duties are performed with such care, including reasonable
inquiry, as an ordinarily prudent person in a like position would use
under similar circumstances.
   "Volunteer" means the rendering of services without compensation.
"Compensation" means remuneration whether by way of salary, fee, or
other consideration for services rendered.  However, the payment of
per diem, mileage, or other reimbursement expenses to a director or
executive officer does not affect that person's status as a volunteer
within the meaning of this section.
   (k) The Fair Employment and Housing Commission shall adopt
regulations which will permit a senior citizen housing development to
apply for and obtain a certification by the Department of Fair
Employment and Housing that, based on appropriate evidence, the
senior citizen housing development complies with the requirements of
this part and with the requirements of the federal Fair Housing Act
applicable to housing for older persons as defined by 42 U.S.C.
Section 3607 (b)(2)(C).  Certification shall have the effect of a
rebuttable presumption, as defined in Section 604 of the Evidence
Code, that the development complies with the requirements of this
part.  The Department of Fair Employment and Housing may impose a
reasonable application fee not to exceed two hundred fifty dollars
($250) upon applicants seeking this certification.
   (l) This section shall only apply to the County of Riverside.
  SEC. 6.  Section 51.12 of the Civil Code is amended to read:
   51.12.  (a) The Legislature finds and declares that the
requirements for senior housing under Sections 51.10 and 51.11 are
more stringent than the requirements for that housing under the
federal Fair Housing Amendments Act of 1988 (Public Law 100-430).
   (b) Any person who resided in, occupied, or used, prior to January
1, 1990, a dwelling in a senior citizen housing development which
relied on the exemption to the special design requirement provided by
Section 51.4 as that section read prior to January 1, 2001, shall
not be deprived of the right to continue that residency, or
occupancy, or use as the result of the changes made to this section
by the enactment of Senate Bill 1382 or Senate Bill 2011 at the
1999-2000 Regular Session of the Legislature.
   (c) This section shall only apply to the County of Riverside.
  SEC. 7.  Section 3.5 of this bill incorporates amendments to
Section 51.3 of the Civil Code proposed by both this bill and SB
1382.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 51.3 of the Civil Code, and (3) this bill is enacted
after SB 1382, in which case Section 3 of this bill shall not become
operative.
  SEC. 8.  Section 4.5 of this bill incorporates amendments to
Section 51.4 of the Civil Code proposed by both this bill and SB
1382.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 51.4 of the Civil Code, and (3) this bill is enacted
after SB 1382, in which case Section 4 of this bill shall not become
operative.
  SEC. 9.  Section 5.5 of this bill incorporates amendments to
Section 51.11 of the Civil Code proposed by both this bill and SB
1382.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 51.11 of the Civil Code, and (3) this bill is enacted
after SB 1382, in which case Section 5 of this bill shall not become
operative.
